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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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If an Employee a (Carer) is claiming statutory sick pay due

Resolved Question:

If an Employee a (Carer) is claiming statutory sick pay due to a knee injury , can she continue to work as a self employed person ( Beauty & Nail extensions) which she is continuing to carry out on a daily basis , (advertised on facebook) as well as receiving insurance for being seen to be on the sick ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


It is not illegal for an employee to be off sick from one job and receive sick pay, whilst continuing to work for another employer. Many employers incorrectly refer to this as the employee 'defrauding' the company and even take disciplinary action.


 


However, the legal position is that as long as the employee is genuinely certified unfit to work and this affects their ability to carry out the specific job from which they are signed off, they are able to be off sick from it. In the meantime if they are capable of performing another job, which is not affected by the reasons for being signed off sick, they can do so. For example, someone is signed off sick due to workplace stress as a result of heavy workload or bullying by colleagues. The stress prevents them from working in that specific job as the stressors are directly connected to it. It does not prevent them from continuing to work in another, less stressful job, where no stressors are present. Or in this case, if she has a knee injury that prevents her from doing care work but she is still able to sit all day on a chair whilst doing nail work, then that is perfectly legal.

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

Hi thanks for your reply, however I did state the employee carries out beauty therapy as well as nail extentions, to carry out `massage`s etc., she needs to be standing ?

Ben Jones :

Sorry I only read 'beauty and nail extensions' so I do not know the details of what that would involve...

Ben Jones :

But the advice remains - an employee can be signed off sick from one job and continue in another as long as the reasons for this do not affect them in their other job - whether they do is a factual issue that would of course depend on each situation

Customer:

Sorry to be a nuisance but to be able to massage you need to be standing as well as moving around as she would do when caring if she can carry out her beauty sessions then it would be seen she could carry out her caring duties.Her Caring duties do not include any lifting what so ever ,most of the time she would be sitting with the residents supporting them that way,

Ben Jones :

Yes I understand but this is no longer a legal issue rather a medical one where someone who has seen this person and knows what their problem is can state whether they are able to carry out these duties or not. The legal part is that if an employee is using false reasons for going off sick, it is an offence - but whether the actual reasons are false or not, as mentioned is not a legal issue, it would depend on each person individually, their medical history, what they believe they personally can and can't physically do and the opinion of a medical professional on what they should and should not be doing

Customer:

thanks for being so patient.

Ben Jones :

No problem at all, I am here to clarify the position

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